NY

Attorney Grievance

22 NYCRR Part 1200 - Professional Conduct


JURISDICTION: NEW YORK

This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.

ATTORNEY GRIEVANCE COMPLAINT


⚠️ Before Using This Template

USE this template when:

  • Attorney committed serious professional misconduct (not mere mistakes or strategy disagreements)
  • Violations of NY Rules of Professional Conduct (22 NYCRR Part 1200) are clear and documented
  • You've attempted to resolve directly with attorney without success
  • Pattern of misconduct (multiple violations or ongoing refusal to comply with professional duties)
  • Violations harm clients, court system, or public confidence in legal profession

DO NOT use this if:

  • You disagree with attorney's strategy or tactics (that's not misconduct)
  • Attorney made isolated mistake in judgment (unless gross negligence/incompetence)
  • This is primarily a fee dispute (use fee arbitration instead - 22 NYCRR Part 137)
  • You want different attorney (file motion to substitute counsel or request withdrawal)
  • Attorney vigorously advocated position you disagree with (that's their job)
  • You're unhappy with case outcome but attorney acted professionally

Appropriate example: Retained attorney who never appeared at hearings, didn't file required papers, missed statute of limitations, never returned calls despite 20+ attempts over 6 months, and failed to withdraw when you requested; documented pattern of neglect violating RPC 1.3 (diligence) and 1.4 (communication).

Inappropriate example: Attorney filed motion you think was weak and judge denied it (that's strategy disagreement and adverse outcome, not professional misconduct).

I. COMPLAINANT INFORMATION

Name: {{Your Name}} Relationship to Attorney: {{Client / Opposing Party / Other}} Case/Matter: {{Caption}}, Index No. {{Number}}, {{Court}}


II. ATTORNEY INFORMATION

Name: {{Attorney Full Name}}, Esq. Firm: {{Law Firm Name (if applicable)}} Address: {{Office Address}} Phone: {{Phone}} Email: {{Email}} Bar Admission: {{State}}, {{Year}}


III. NATURE OF COMPLAINT

This complaint alleges violations of the New York Rules of Professional Conduct (22 NYCRR Part 1200) by the above-named attorney.


IV. FACTUAL BACKGROUND

A. Attorney-Client Relationship (if applicable)

{{If you were/are client: "Attorney {{Name}} was {{retained / assigned}} to represent me in {{matter}} on {{date}}. [Describe scope of representation, fee arrangement if relevant, etc.]"}}

{{If you are opposing party: "Attorney {{Name}} represents {{party}} in {{matter}}. I am {{role}} in this proceeding."}}

B. Relevant Facts

{{Chronological narrative of events leading to complaint. Be specific about dates, communications, actions taken or not taken.}}


V. RULES OF PROFESSIONAL CONDUCT VIOLATED

The complained-of conduct violates the following provisions of the NY Rules of Professional Conduct (22 NYCRR Part 1200):

Rule 1.1 - Competence

Rule: "A lawyer should provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation."

Violation: {{If applicable - describe incompetent representation: failure to research law, missed deadlines, inadequate preparation}}

Rule 1.2 - Scope of Representation and Allocation of Authority

Rule: "A lawyer shall abide by a client's decisions concerning the objectives of representation..."

Violation: {{If applicable - describe failure to follow client instructions, acting without authority}}

Rule 1.3 - Diligence

Rule: "A lawyer shall act with reasonable diligence and promptness in representing a client."

Violation: {{If applicable - describe lack of diligence: failure to appear, missed deadlines, neglect of case}}

Rule 1.4 - Communication

Rule: "A lawyer shall... (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter..."

Violation: {{If applicable - describe failure to communicate, unreturned calls/emails, no status updates}}

Rule 1.5 - Fees

Rule: "A lawyer shall not make an agreement for, charge, or collect an unreasonable fee..."

Violation: {{If applicable - describe excessive fees, fee disputes, failure to provide retainer agreement}}

Rule 3.3 - Candor Toward the Tribunal

Rule: "A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal..."

Violation: {{If applicable - describe misrepresentations to court, failure to disclose adverse authority}}

Rule 3.4 - Fairness to Opposing Party and Counsel

Rule: "A lawyer shall not: (a) unlawfully obstruct another party's access to evidence..."

Violation: {{If applicable - describe discovery abuse, destruction of evidence, harassment}}

Rule 8.4 - Misconduct

Rule: "A lawyer... shall not: (a) violate or attempt to violate the Rules of Professional Conduct... (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation..."

Violation: {{If applicable - describe dishonesty, fraud, other misconduct}}


VI. SPECIFIC INSTANCES OF MISCONDUCT

[For each violation, provide detailed factual support]

Instance 1: {{Description}}

Date: {{Date}}

Facts: {{What attorney did or failed to do. Be specific. Include documentation if available.}}

Rule Violated: {{Specific RPC provision}}

Harm Caused: {{How this affected you, the case, or the legal system}}

Supporting Documentation: {{Exhibit reference}}

Instance 2: {{Description}}

[Repeat format]


VII. EFFORTS TO RESOLVE

Prior to this complaint, I made the following efforts to resolve the matter:

Date Action Result
{{Date}} {{Contacted attorney directly / Sent letter / etc.}} {{No response / Inadequate response}}
{{Date}} {{Follow-up communication}} {{Result}}
{{Date}} {{Request for attorney to withdraw / etc.}} {{Result}}

These efforts have been unsuccessful.


VIII. SUPPORTING DOCUMENTATION

Attached as exhibits:

Exhibit A: {{Retainer agreement / Fee agreement (if applicable)}} Exhibit B: {{Correspondence with attorney (emails, letters)}} Exhibit C: {{Court filings / Orders showing misconduct}} Exhibit D: {{Timeline of communications}} Exhibit E: {{Financial records (if fee dispute)}} Exhibit F: {{Other relevant documents}}


IX. IMPACT

The complained-of conduct has caused the following harm:

  1. {{Harm to client interests - e.g., "Lost case due to attorney's failure to appear at hearing"}}
  2. {{Financial harm - e.g., "Paid fees for work not performed"}}
  3. {{Procedural harm - e.g., "Missed statute of limitations"}}
  4. {{Reputational harm - e.g., "Subjected to sanctions due to attorney's misconduct"}}
  5. {{Harm to legal system - e.g., "Misrepresentations undermined integrity of proceedings"}}

X. RELIEF REQUESTED

I respectfully request that the Grievance Committee:

  1. Investigate the complained-of conduct;
  2. Take appropriate disciplinary action, which may include:
    • Private admonition
    • Public censure
    • Suspension from practice
    • Disbarment
  3. {{If client: "Order restitution of fees paid for services not rendered"}}
  4. Provide written notification of the Committee's determination.

XI. VERIFICATION

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

I understand that filing a false or frivolous complaint may subject me to sanctions.


{{Your Signature}} {{Your Name}}

Dated: {{Date}}


AUTHORITIES

Attorney Discipline:

  • 22 NYCRR Part 1240 (Procedures for Attorneys in Disciplinary Matters)
  • Judiciary Law §90 (Attorney discipline)

Rules of Professional Conduct:

  • 22 NYCRR Part 1200 (entire)
  • Rule 1.1 (Competence)
  • Rule 1.2 (Scope of Representation)
  • Rule 1.3 (Diligence)
  • Rule 1.4 (Communication)
  • Rule 1.5 (Fees)
  • Rule 3.3 (Candor to Tribunal)
  • Rule 3.4 (Fairness)
  • Rule 8.4 (Misconduct)

GRIEVANCE COMMITTEES BY DEPARTMENT

First Department (Manhattan, Bronx): Departmental Disciplinary Committee 61 Broadway, 2nd Floor New York, NY 10006 (212) 401-0800

Second Department (Brooklyn, Queens, SI, Nassau, Suffolk, Westchester, etc.): Attorney Grievance Committee Renaissance Plaza 335 Adams Street, Suite 2400 Brooklyn, NY 11201 (718) 923-6300

Third Department (Albany, upstate): Attorney Grievance Committee O'Brien Building 40 Beaver Street, Suite 202 Albany, NY 12207 (518) 474-8816

Fourth Department (Buffalo, Rochester, Syracuse): Attorney Grievance Committee 1036 Ellicott Square Building 295 Main Street Buffalo, NY 14203 (716) 845-3630


STRATEGIC CONSIDERATIONS

When to File:

  • Serious misconduct (not mere disagreement with strategy)
  • Exhausted attempts to resolve directly
  • Pattern of behavior (not isolated error)
  • Violation clearly established

Timing:

  • During representation: May affect ongoing case; attorney may withdraw
  • After case concludes: Safer but less immediate remedy
  • Statute of limitations considerations

Consequences:

  • Investigation may take months or years
  • Attorney will be notified and given opportunity to respond
  • If you are/were client, may affect attorney-client relationship
  • May result in disciplinary action ranging from admonition to disbarment

Alternatives:

  • Fee dispute arbitration (if fee-related)
  • Legal malpractice suit (for damages)
  • Motion to disqualify attorney (if conflict)
  • Request new assigned counsel (if applicable)

Submission: Mail to appropriate Grievance Committee (see addresses above). Retain copies of complaint and all exhibits. Committee has broad discretion in investigation and disposition. Complaints are confidential until formal charges filed.